Court rules in Belmont Abbey College's favor over contraception

By Amanda Memrick

Published: Wednesday, December 19, 2012 at 07:21 PM.

A federal appeals court not only ruled that Belmont Abbey College’s lawsuit against the government could proceed, but decided that they will be keeping tabs to make sure the government follows through with its promises.

The Becket Fund for Religious Liberty filed a lawsuit against the federal government on behalf of Belmont Abbey College last November, stating that requiring the college to cover contraception in its health insurance plan violated the Catholic college’s religious beliefs.

The Affordable Care Act, also called Obamacare, required most health insurance plans to cover preventative services for women, including contraception, without charging a co-pay or deductible. Nonprofit religious employers that offer insurance to their employees were exempt if they met certain conditions. According to the religious employer definition, an organization must have the indoctrination of religious values as its purpose, primarily employ people who share its religious tenets, primarily serve people who share its religious tenets and be a nonprofit organization to qualify. Under that definition, the college wouldn’t qualify for an exemption.

Tuesday’s ruling by the U.S. Court of Appeals was a reversal from a lower court decision over the summer. The Washington, D.C., District Court ruled that it was too soon for Belmont Abbey College to claim damages from the law when the government had not amended regulations to reflect objections and dismissed the college’s case in July.

‘Fairly irritated judges’

“Today not only are you back in court, you’ve got three fairly irritated federal judges telling you, ‘You better give us status reports on what you’re doing,’” said Kyle Duncan, attorney for the Becket Fund.

Duncan said he’s never seen a court give an order worded so specifically, or one that asks the government to report back.

A federal appeals court not only ruled that Belmont Abbey College’s lawsuit against the government could proceed, but decided that they will be keeping tabs to make sure the government follows through with its promises.

The Becket Fund for Religious Liberty filed a lawsuit against the federal government on behalf of Belmont Abbey College last November, stating that requiring the college to cover contraception in its health insurance plan violated the Catholic college’s religious beliefs.

The Affordable Care Act, also called Obamacare, required most health insurance plans to cover preventative services for women, including contraception, without charging a co-pay or deductible. Nonprofit religious employers that offer insurance to their employees were exempt if they met certain conditions. According to the religious employer definition, an organization must have the indoctrination of religious values as its purpose, primarily employ people who share its religious tenets, primarily serve people who share its religious tenets and be a nonprofit organization to qualify. Under that definition, the college wouldn’t qualify for an exemption.

Tuesday’s ruling by the U.S. Court of Appeals was a reversal from a lower court decision over the summer. The Washington, D.C., District Court ruled that it was too soon for Belmont Abbey College to claim damages from the law when the government had not amended regulations to reflect objections and dismissed the college’s case in July.

‘Fairly irritated judges’

“Today not only are you back in court, you’ve got three fairly irritated federal judges telling you, ‘You better give us status reports on what you’re doing,’” said Kyle Duncan, attorney for the Becket Fund.

Duncan said he’s never seen a court give an order worded so specifically, or one that asks the government to report back.

“It’s far more likely that you get a dismissed, affirmed, denied,” Duncan said. “This is a very explicit order, and I think it’s very easy to read between the lines and see they have some major concerns.”

The federal judges called the lower court’s dismissal “erroneous” but noted that the ripeness question — whether the case was ready for litigation —was more difficult to determine.

The federal government said during oral argument that it would never enforce the healthcare law in its current form against those who oppose contraceptive services.

Government attorneys told the judges that a new proposed rule would be published in the first quarter of 2013 and the government would issue a new final rule before August 2013.

Holding government accountable

“We take the government at its word and will hold it to it,” the court order states.

The order requires the government to file status reports with the court every 60 days until the government issues a new rule regarding contraception coverage. The order places the college’s lawsuit on hold until the government issues new rules.

“Now they have to put up or shut up,” Duncan said. “And the moment the government doesn’t follow through, we’re going to be pushing forward with the case.”

Duncan called the court’s decision a major victory for religious employers.

“It changes the tide,” Duncan said. “It really puts the burden on the government to do something. And now they have to do something.”

You can reach reporter Amanda Memrick at 704-869-1839 or follow twitter.com/AmandaMemrick.